Legal Effects Of Marriage Under The Act

Marriage under the Act is simply defined as the union of one man and one woman to the exclusion of all others. The Marriage Act recognises the types of marriages, and these are: customary marriage and statutory marriage, i.e. marriage under the Act. Note that no marriage in Nigeria shall be valid where either of the parties thereto at the time of the celebration of such marriage is married under customary law of any person other than the person with whom such marriage is had.
One of the primary incidents of consortium is the duty of the spouses to cohabit. Cohabitation does not necessarily imply that the husband and wife are living together physically under the same roof. They could live apart by mutual consent because of the nature of their employment, education or business. Withdrawal from cohabitation without consent may constitute the matrimonial offence of desertion which may arise either from physical withdrawal from the matrimonial home or a general withdrawal from cohabitation even while living under the same roof.
Under the 1999 constitution of the Federal Republic of Nigeria, a foreigner married to a Nigeria citizen may acquire nationality by registration or naturalisation. A female Nigerian does not lose her Nigerian citizenship merely by marriage to a foreigner but if she by that act requires a foreign citizenship, she automatically loses her Nigerian citizenship. Whether a female citizen married to a foreigner as a result of the marriage acquires her husband’s nationality or not, will depend on the citizenship laws of his country.
Also the law confers on every individual the right to use reasonable force as it is necessary to defend himself against assault. It is lawful for a person to use force in self-defence against an assault and any other person acting in good faith may lawfully use force in aiding the person assaulted. A spouse may use force if necessary in order to resist actual or unlawful violence threatened to the other spouse in his presence.
When couples are living together, neither party can incur any criminal responsibility for interfering with the property of the other. A party can freely dispose of his or her individually owned property. Neither party can be criminally held responsible for any offence committed against the property of the other unless the guilty party was in desertion or about to desert the other. (See Section 36 Criminal Code). Note also that a husband cannot sue his wife in Fort for the protection of his property. Special statutory provisions exist for the settlement of disputes between husband and wife as to the ownership or possession of property. Sir Asomugha v. Asomugha CCHC/12/72 at 91.
The Marriage Act does not provide expressly or by implication for the validity or recognition of monogamous marriages celebrated abroad. Nigerian courts in this wise fall back on contract law rules. By these rules the Nigerian court will recognise a monogamous marriage celebrated abroad if it complies with the law of the place of its celebration. A marriage celebrated abroad will be treated as monogamous here if it is recognised by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage.

Nkechi Bright-Ewere